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(영문) 수원지방법원 성남지원 2017.03.23 2017고합16
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2016, the Defendant: (a) was under the influence of alcohol on a victim C(49)-owned D-si located in the mountain of the mountain of the mountain of the area; and (b) was in the vicinity of the high speed shot (shot) (shot), the Defendant was in the vicinity of the high speed shot road of the village of the village of the 21:40 on the same day; and (c) the Defendant was in the vicinity of the G-dong of the Singu Newdong of the Gyeonggi-gu, Gyeonggi-do; and (d)

Does the present abduction;

In this blurging, this blurging “h,” and blurging hand by hand, and the victim “durgh,”

At present, the area of the mountain, the area of the mountain, the area of the mountain, the area of the mountain, the area of the accident, the defect "," the gue of this weather, the gue, the area of the victim's head, and the victim's head was 10 times with the cell phone, and the victim was on the right side, the area of the side of the area where the victim's head is required to be treated for about two weeks.

Accordingly, the defendant injured the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. The application of Acts and subordinate statutes concerning the photographs and recording of damaged parts;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the punishment recommended in the sentencing guidelines for minor injuries (one year and six months to two years) and the mitigated area (a person specially mitigated) (a person subject to special mitigation) are inconsistent with the scope of the applicable sentencing guidelines under the law, so the lower limit of the applicable sentencing guidelines under the law shall govern.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and the crime of this case for two years of suspended execution shall be committed by the defendant who is a driver while getting on and off a taxi;

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